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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) a movable set forth in the attached Form.
2. The defendant (Counterclaim plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a company engaging in the business of manufacturing and selling parts of vehicles (hereinafter “Plaintiff company”). The Defendant is a company engaging in the electronic parts manufacturing and selling business (hereinafter “Co., Ltd.” on January 2, 2012 and changed the trade name from “Co., Ltd.” to “B Co., Ltd.”; hereinafter “Defendant Company”).
Plaintiff
D, the representative director of the company, served as the representative director of the defendant company from July 6, 2005 to July 15, 201.
B. On May 30, 2011, the Plaintiff Company entered into a contract with the Defendant Company to sell movable property listed in the separate sheet (hereinafter “instant machine”) at KRW 375,708,014 (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
- The instant sales contract - The supplier of machinery and equipment (A) and the supplier of machinery and equipment (A) (hereinafter “A”) and the supplier of the import of machinery and equipment (A) (hereinafter “B”) promise to conclude a contract for the import of machinery and equipment under the following provisions and to faithfully perform this contract in good faith.
Article 1(Terms and Conditions of Contract) A, including TRYO (Terms and Conditions of Contract) 650 tons of COLD CHABER TYPE DIE CAS CASING 2SET 375,708,014 value added tax, shall, upon request of B, import and supply the following machinery equipment:
Article 2 (Scope of Revenues) A shall carry out all import procedures under his name from the import to the import clearance at his own expense under his own responsibility.
Article 3 (Amount of Supply) The amount of supply of machinery and equipment under this Agreement shall be the aggregate of the following amounts:
(1) The term of validity of this contract under section 4(1)(2) of the cost of import (2) shall be from May 30, 201 to the final payment of the cost of supply of machinery and equipment from May 30, 201.
Article 5 (Customs Clearance and Entry of Goods) A shall be governed by Section B.